Joint Ownership of house on death

Welshwalnut

Me and my partner own our house jointly and it is fully paid off. The deeds are in both our names. We are not married. My partner refuses to make a will. So if he dies would I automatically get his share of the house. We do have 2 children together. My concern is that his parents would get his share of the house if something did happen to him and the children and we rarely speak to them. I need to keep on to him about making a will but does anyone know where I would stand legally.

Thanks

SeniorSam

If you are joint owners and one of you dies, the remaining one will be sole owner. If you were 'Tenants in Common' then you each own your own share, which would be be passed on according to your Will, or if no Will, then by the rules of intestacy, which would be more complex if he wont make a Wil

Sam

TonyMMM

If you are joint owners and not tenants in common then the house won't be a problem (but you need to check that, don't assume) - but if you are not married and he has no will , that could cause you all sorts of issues with other things.

Does he realise that ? Have you made a will yourself ?

g6jns_2

Unless you are joint tenants then half the house would pass the children. Your partner needs to know that all his possessions will also pass to them. I assume you have tried to persuade him to make a will but he will not do so. You might try explaining that if he does not there will be all the inconvenience and expense of running a trust until the children are 18.

Tuesday_Tenor

Just confirming what others have said, really.

You need to confirm HOW you jointly own the house.
JOINT TENANTS or TENANTS IN COMMON.

If you own the house as JOINT TENANTS then you each own 100% of the house, but jointly. If one of you dies, the other still owns 100% , but now ('by survivorship') in sole name. So no problem for you about the house. Unmarried and without a will, though, the children, not you, would inherit all his other possesions, including money in sole-name accounts, but not until they are 18.
As g6jns says, a Trust will have to be set up and administered by Trustees until they are 18. If the children have died at the same time, then his parents inherit all the other possesions. Any money you and your partner hold in joint bank accounts will become yours though.


If you own the house as TENANTS IN COMMON then you each own a separate share of the house. Usually 50%. You can bequeath your 50% to whoever you like in your will, or if there is no will it will pass according to the laws of intestacy. So if you hold it as T-I-C and your partner dies without a will then, as you are not married, you yourself will inherit nothing (except the contents of joint bank accounts) and the children will inherit everything but not until they are 18
>>>> My concern is that his parents would get his share of the house if something did happen to him and the children.
You are correct: in the horrible and unlikely, but possible, event that your partner and children die together, then if the house is T-I-C and you are unmarried then his parents will inherit everything, including his 50% of the house. [Except any bank accounts you hold in joint names].

Keep_pedalling

Afraid your partner is behaving like a total idiot, it is essential in your situation for you to both have wills.

Give him an a simple choice, either he sorts one out or he has to marry you

G6JNS

Keep_pedalling wrote: »

Afraid your partner is behaving like a total idiot, it is essential in your situation for you to both have wills.

Give him an a simple choice, either he sorts one out or he has to marry you

Seconded! He really is in ostrich mode at present and with his head in the sand can't see!